Geneva Chamber of Commerce (CCIG) - Chapter 5 - Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

Author(s):

Eric Biesel

Page Count:

2 pages

Published:

May, 2012

Author Detail:

Eric Biesel is on the Executive Committee of the Geneva Chamber of
Commerce (CCIG) and is the Director of its International Arbitration
and Mediation Department. He is an active member of its Arbitration
Committee and equally serves on the board of the Swiss Chambers'
Court of Arbitration and Mediation. Mr. Biesel is a member of the
Swiss Commission of Arbitration for the International Chamber of
Commerce (ICC). He is a graduate of the University of Fribourg law
school and received his LL.M in commercial law from the University of
Edinburgh. In Edinburgh, Mr. Biesel also trained as a commercial
mediator with Core Solutions Group. Mr. Biesel is admitted to the
Geneva bar and previously worked in two major Swiss law firms.

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Originally from Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

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Chapter 5
Geneva Chamber of Commerce (CCIG) – Swiss
Rules
Eric Biesel*

1. INTRODUCTION

The Geneva Chamber of Commerce ("CCIG"), founded in 1865,
serves as a permanent and impartial institution overseeing
international arbitrations. Today, it is one of seven Chambers of
Commerce in Switzerland that has harmonized its arbitration services
under the Swiss Rules of International Arbitration ("Swiss Rules").
Between 2004 and 2010, a total of 479 requests for arbitration were
filed under the Swiss Rules, about half of which were administrated by
the CCIG. These requests for arbitration involved parties mostly from
Western and Eastern Europe (59%) and Switzerland (21%) but also
from America, Asia, Africa and the Middle East (20%). Most of the
disputes arose from the purchase and sale of goods; mergers and
acquisitions; service contracts, distribution and agency issues; and
matters in intellectual property. 105 cases were settled and 166 awards
were rendered.

The Swiss Rules do not limit the remedies that parties can seek.
Article 18(2)(d) of the Swiss Rules provides that a Statement of Claim
shall include "[t]he relief or remedy sought," without specifying what
such relief or remedy may consist of and without restricting parties in
any way. Requests for the performance or the omission of a particular
act do occur and have been granted by arbitral tribunals acting under
the Swiss Rules.

Research relating to performance as a remedy was conducted
based upon a review of arbitral awards since 2007 in cases
administrated by the CCIG under the Swiss Rules. In the majority of
cases, research showed that the parties sought monetary relief relating
to, in particular, payment of goods, fees or rents; compensation for
damages; and royalties. Often, such relief was coupled with a request
for a declaration by the arbitral tribunal, for instance to confirm that
the opposing party was in breach of its obligations.